Dismissed during notice period

General_Grant

The thing about notice periods possibly being unequal is that you have said what notice has to be given by the employee.  Some contracts have shorter notice being required from the employer's side.  (They can't reduce it to less than statutory but it does not have to be as long as the notice required from the employee.)

General_Grant

Masomnia said:

Interesting one. I'd say you've resigned giving more notice than you needed to, as if you resigned on the 28th Feb giving a month's notice your last working day should be 28th March. I think it's arguable that you should be paid for/allowed to work those two days; interested in others' views though. SSP during your period of isolation is correct.

No.  The OP was required to give a month's notice.
They resigned on 28 February so the notice period began on 1 March.  March has 31 days. 
The OP gave the minimum amount of notice required by their contract.

nicechap

General_Grant said:

Masomnia said:

Interesting one. I'd say you've resigned giving more notice than you needed to, as if you resigned on the 28th Feb giving a month's notice your last working day should be 28th March. I think it's arguable that you should be paid for/allowed to work those two days; interested in others' views though. SSP during your period of isolation is correct.

No.  The OP was required to give a month's notice.
They resigned on 28 February so the notice period began on 1 March.  March has 31 days. 
The OP gave the minimum amount of notice required by their contract.

I know i'm being picky, (sorry), but this year February had 29 days, so 1 month from 29 February is 28 March.

JReacher1

Masomnia said:

General_Grant said:

Undervalued said:

Anne9909 said:

My questions are;
-Would this be classed as wrongful dismissal ? As after the 14 days of isolation I would of still returned back to working on 30th and 31st March? I feel I have been denied working my full notice period. 

 - As I handed in my notice and now they have basically dismissed me during my notice period. Would they have to pay me my notice period from yesterday of a statutory week or contractual notice of 1 month ? 

Any help would be greatly appreciated 

How long have you worked there?

If it is less than two years and if the notice periods are not equal then they can lawfully dismiss you just by giving you a week's statutory notice. Arguably you may be entitled to full pay for that week (or rather the 80% pay the government announced yesterday) if self isolating, plus you are entitled to be paid for any unused holiday.

Given that you had resigned in any case, there is a bit of time to research and argue with them about the final pay packet.

I think it would have to be 100% - the 80% is for staff being retained.

This is still all a bit new but my understanding is that a cut to 80% pay will still need to be agreed by staff in the absence of a contractual provision allowing it, otherwise there will be an unlawful deduction.

My understanding is that the option for staff will be to either lose your job, or are put on a three month sabbatical on 80% salary (up to £2.5k). 

Undervalued

Anne9909 said:

Undervalued said:

Anne9909 said:

My questions are;
-Would this be classed as wrongful dismissal ? As after the 14 days of isolation I would of still returned back to working on 30th and 31st March? I feel I have been denied working my full notice period. 

 - As I handed in my notice and now they have basically dismissed me during my notice period. Would they have to pay me my notice period from yesterday of a statutory week or contractual notice of 1 month ? 

Any help would be greatly appreciated 

How long have you worked there?

If it is less than two years and if the notice periods are not equal then they can lawfully dismiss you just by giving you a week's statutory notice. Arguably you may be entitled to full pay for that week (or rather the 80% pay the government announced yesterday) if self isolating, plus you are entitled to be paid for any unused holiday.

Given that you had resigned in any case, there is a bit of time to research and argue with them about the final pay packet.

Hi Undervalued

thanks for your comment

I have worked there for 6 months. 

can you expand on the notice periods being unequal? My contract says that anyone that has 5 years or less service must give one months notice. I am trying to work out that if I had been dismissed yesterday, would I be entitled to a full months pay from yesterday or a weeks pay from yesterday. What happens to my notice already given.....

But does it say how much notice they have to give you to terminate your employment? It does not have to be equal to the notice you have to give them. If it is not specified then the legal default applies which is only one week during the first two years of employment.

So, you gave them a month's notice and they responded by telling you to go in a week. Sadly that is quite lawful unless your contract requires them to give you longer notice.

Anne9909

Undervalued said:

Anne9909 said:

Undervalued said:

Anne9909 said:

My questions are;
-Would this be classed as wrongful dismissal ? As after the 14 days of isolation I would of still returned back to working on 30th and 31st March? I feel I have been denied working my full notice period. 

 - As I handed in my notice and now they have basically dismissed me during my notice period. Would they have to pay me my notice period from yesterday of a statutory week or contractual notice of 1 month ? 

Any help would be greatly appreciated 

How long have you worked there?

If it is less than two years and if the notice periods are not equal then they can lawfully dismiss you just by giving you a week's statutory notice. Arguably you may be entitled to full pay for that week (or rather the 80% pay the government announced yesterday) if self isolating, plus you are entitled to be paid for any unused holiday.

Given that you had resigned in any case, there is a bit of time to research and argue with them about the final pay packet.

Hi Undervalued

thanks for your comment

I have worked there for 6 months. 

can you expand on the notice periods being unequal? My contract says that anyone that has 5 years or less service must give one months notice. I am trying to work out that if I had been dismissed yesterday, would I be entitled to a full months pay from yesterday or a weeks pay from yesterday. What happens to my notice already given.....

But does it say how much notice they have to give you to terminate your employment? It does not have to be equal to the notice you have to give them. If it is not specified then the legal default applies which is only one week during the first two years of employment.

So, you gave them a month's notice and they responded by telling you to go in a week. Sadly that is quite lawful unless your contract requires them to give you longer notice.

Hi Undervalued,
my contract states 

'you are entitled to receive the following written notice of termination of employment from the company......then lists lengths of service and my category which would be "end of probation period but less than five years continuous service"- one month'

Undervalued

Anne9909 said:

Undervalued said:

Anne9909 said:

Undervalued said:

Anne9909 said:

My questions are;
-Would this be classed as wrongful dismissal ? As after the 14 days of isolation I would of still returned back to working on 30th and 31st March? I feel I have been denied working my full notice period. 

 - As I handed in my notice and now they have basically dismissed me during my notice period. Would they have to pay me my notice period from yesterday of a statutory week or contractual notice of 1 month ? 

Any help would be greatly appreciated 

How long have you worked there?

If it is less than two years and if the notice periods are not equal then they can lawfully dismiss you just by giving you a week's statutory notice. Arguably you may be entitled to full pay for that week (or rather the 80% pay the government announced yesterday) if self isolating, plus you are entitled to be paid for any unused holiday.

Given that you had resigned in any case, there is a bit of time to research and argue with them about the final pay packet.

Hi Undervalued

thanks for your comment

I have worked there for 6 months. 

can you expand on the notice periods being unequal? My contract says that anyone that has 5 years or less service must give one months notice. I am trying to work out that if I had been dismissed yesterday, would I be entitled to a full months pay from yesterday or a weeks pay from yesterday. What happens to my notice already given.....

But does it say how much notice they have to give you to terminate your employment? It does not have to be equal to the notice you have to give them. If it is not specified then the legal default applies which is only one week during the first two years of employment.

So, you gave them a month's notice and they responded by telling you to go in a week. Sadly that is quite lawful unless your contract requires them to give you longer notice.

Hi Undervalued,
my contract states 

'you are entitled to receive the following written notice of termination of employment from the company......then lists lengths of service and my category which would be "end of probation period but less than five years continuous service"- one month'

Well in that case they must either let you work your month's notice or give you pay in lieu.

The only way I can see that they may be able to avoid doing so is if there is a lay off clause in your contract which they might be able to invoke in the current circumstances? 

Or of course if they just don't pay and end up going bust before you have dragged them through the courts for the money!